Supreme Court Will Hear D.C. Guns Case

AP via SFGate ^ | 11/20/7 | MARK SHERMAN, Associated Press Writer

[SmithL]

WASHINGTON (AP) -- The Supreme Court said Tuesday it will decide whether the District of Columbia can ban handguns, a case that could produce the most in-depth examination of the constitutional right to "keep and bear arms" in nearly 70 years.

The justices' decision to hear the case could make the divisive debate over guns an issue in the 2008 presidential and congressional elections.

The government of Washington, D.C., is asking the court to uphold its 31-year ban on handgun ownership in the face of a federal appeals court ruling that struck down the ban as incompatible with the Second Amendment. Tuesday's announcement was widely expected, especially after both the District and the man who challenged the handgun ban asked for the high court review.

The main issue before the justices is whether the Second Amendment of the Constitution protects an individual's right to own guns or instead merely sets forth the collective right of states to maintain militias. The former interpretation would permit fewer restrictions on gun ownership.

Gun-control advocates say the Second amendment was intended to insure that states could maintain militias, a response to 18th century fears of an all-powerful national government. Gun rights proponents contend the amendment gives individuals the right to keep guns for private uses, including self-defense.

The last Supreme Court ruling on the topic came in 1939 in U.S. v. Miller, which involved a sawed-off shotgun. That decision supported the collective rights view, but did not squarely answer the question in the view of many constitutional scholars. Chief Justice John Roberts said at his confirmation hearing that the correct reading of the Second Amendment was "still very much an open issue."

[Spacetrucker]

Texas :)

[TLEIBY308]

I will;

[Albert Guérisse]

It’s going to be time to fight.

So you advocate using force against the Government of the UNITED STATES if the Supremes don't rule the "right" way?

We already have dozens of onerous restrictions in Kaleefornyah that I am living with. I can still buy a handgun, and a "hunting" rifle that is perfect for militia purposes.

[mkjessup]

Well I suppose this means that we’re all going to find out sooner rather than later if Chief Justice John Roberts and Justice Sam Alito are the strong conservative constructionist and ‘originalists’ that we were assured they were at the time of their nomination.

[uncbob]

I am with you and am not making false bravado. I will always have my weapons and they will not take them. If this is ruled the wrong way it could be the spark that lights the fuse that leads to a revolution.

Never happen

Over 50,000,000 supposed gun owners in this country and only about 3 million NRA members

That indicates the VAST majority don't care enough about their rights to even shell out 35 bucks let alone revolt

And way TOO MANY of those owners probably vote for the democrats

[MindBender26]

Those delighted that the SCOTUS has issued a Writ of Certiorari, be careful what you ask for.

Never try to guess the way any court will rule on any issue. Brown v. Board of Education was expected to be 5/4, maybe 6/3.

Some segregationist activists saw Brown as a chance to move even more deeply into the racial divide than under “Plessy.” In the end, they went down 9/0.

I for one hope and pray for a decision supporting individual rights, but since I live in Florida where that right is currently respected, I’m not happy about ANY superior court looking at this.

[Mr Rogers]

Logic suggests that IF it is a collective right linked to being in a regulated militia, they would have written, “The right of states to maintain a well regulated Militia shall not be infringed.”

However, logic and the SCOTUS have no intentional relationship.

[wardaddy]

could be good news?

[Hawthorn]

> Unfortunately there is an inherent difficulty in measuring the # of crimes prevented by guns, as opposed to the crime rate itself <

It’s difficult to be sure. But it can be done — and has been done — thanks to statistical tools developed by econometricians.

(The same can be said about studies on the impact of the death penalty: Before econometricians got into the act, most statistical studies said the death penalty didn’t deter murder. But no longer!)

[do the dhue]

I am the State Militia. So are you. We all are. When that was written, they expected the citizen to jump at a minutes notice to go and defend ourselves from the British. It is no different today. I don't know about you, but I am well regulated and I am ready at a moments notice. And am willing to fight and make the other dumb bastard die for his country. I won't join a militia because I don't want my name in a computer, but I am ready to defend myself at a moments notice. And that is more then I can say for the Police department. If I need them, I call them. Then they show up and draw a white line around my body and start the investigation. Supercop does not show up and save me. I should have the right to pull my supercop (pistol) and defend myself. I have lived around guns all my life. First black eye came from a 12 gage at the age of five. I have been plenty mad at people in my past, but I never used a gun in anger. As a responsible gun owner, I am all for tougher penalties on those who commit crimes with a gun. I am NOT for punishing those who did nothing wrong. They try and take my gun, they will be trying to punish the wrong person.

They can take my gun when they pull my body from a large (very large) pile of empty brass.

[mek1959]

You are dead on, a wrong ruling and the country will divide - as it should. The 2nd Amendment protects us, the citizenry from an overzealous government.

[do the dhue]

RRRRRRRRRRRRRRRRRRRR

Gittin my dander up. I hope this is just Republican putting this issue on the table to force the commies hand on this issue.

Keep an eye on them. You can't trust them.

[hoosierham]

Yes;and Federalization of the State Militias (National Guard) ended the possibilty of armed State resistance to onerous Washington,D.C. edicts.

Strong central control must be constantly fought ,else a nation ends up with corrupt bureucrats dictating who may grow what crops,and where, and when, and for how much, plus every other facet of ordinary life.

[EBH]

This is the court we’ve allowed to rule...as in rulers vs. judges.

Supreme Court appointment is not for life...although we don’t have a Congress with the BALLS to fight for our Rights.

I agree this is a lock and load issue. DC may just find themselves in the middle of a real live GUN Protest.

The Justices may find themselves on the losing end. This is exactly why the Right exists.

[mek1959]

I absolutely agree

[babygene]

“They could have declined and left thing as they are unless they want to clarify something currently not being accepted by lower courts.”

I believe it’s because different federal courts are in disagreement...

[uncbob]

Watch for the MSM to play up any gun related crimes etc etc relentlessly between now and the day of the ruling in order to influence the ruling

You can bank on it

[do the dhue]

You would take up arms against your country

Our forefathers who ensured that many generations grew up with God given rights had to make that decision.

I will make that decision when Government and/or man continues their assault on my God given rights. I will defend those rights for the next generation. That same Government has sent our Soldiers all around the world to ensure the rights of others. Why wouldn't I wish to defend those rights against domestic enemies? I am willing to defend those very same rights against a foreign enemy.

Count on it. People will defend those rights anytime, any day, against enemies foreign and domestic.

[EGPWS]

Gun-control advocates say the Second amendment was intended to insure that states could maintain militias, a response to 18th century fears of an all-powerful national government.

Sadly enough many sheeple on the left believe this concoction which deviates from constitutional law but at the same time believe that individual freedom of speech in any form is a God given right.

[Halgr]

I don’t see America being capable of Civil War....the powers that be will be all over this and break up and imprison any leader or group that promotes insurrection.

But I agree with your statement, 1000 percent